Should I get arrested?

Many activists eventually confront the question: Should I get arrested?

Arrest has many personal and political implications, and should be considered very carefully.

Some activists choose to disobey or break a law as an act of civil disobedience, the deliberate, open and peaceful violation of particular laws, regulations or instructions which are believed to be morally objectionable or unjust.

Other activists go to great lengths to avoid arrest or see arrest as an unfortunate consequence of taking part in an action. Arrest can effectively remove you from the action, make you vulnerable to police abuse, and tie you up for months in court action.

See also: How will a criminal record affect me? And read Activist case studies to find out how other activists have responded to these issues.

Download this document:

• Should I get arrested? (PDF)
  
  

Why risk arrest?

From a political perspective, there may be many reasons for risking arrest as part of a well-planned action.

• Firstly, it can be a clear statement of commitment and the seriousness of the issue that many people will respect;

• Secondly, it enables the arrested activist to engage in dialogue with the police and other officials many activists use this as an opportunity to challenge, educate and de-role' them and undermine their support for your opponent's position;

• Thirdly, activists can use court appearances as a political forum for continuing the protest or presenting issues and information to audiences who may not ordinarily choose to listen;

• Fourthly, court cases may be used to explore ways in which the law can be used to defend civil liberties, social justice or the environment;

• Fifthly, overcoming the fear of arrest (as well as trials and imprisonment) is an important step in reducing the state's ability to control us. If activists no longer fear police or fear arrest, they can't use fear to control us;

• Finally, arrests can attract a great deal of attention and may provide the opportunity for activists to present their case via the media.

• fear of the reaction of family, friends and colleagues;

• fear of being assaulted by police during the action itself;

• fear of being charged with criminal offences; and

• fear of the implications of these charges (if convicted) in relation to their personal life, their career and travel overseas.

Some activists may also need to deal with other types of legal threats to silence activists.

Dealing with fear

The best way to deal with these fears is to discuss them beforehand with other activists, with your affinity group or with the Legal Support Team. Legal Support Teams, lawyers and campaign organisers need to be aware of the huge level of fear around these issues.

A pre-action legal briefing should include a facilitator who is able to assist the group to create a safe space for the expression of personal feelings, an experienced activist who has been arrested several times and who can answer practical questions, and a sympathetic lawyer who can provide a reliable guide to the type of charges which are likely to arise from the arrest (or litigation) as well as explain the legal implications of them (particularly in relation to personal assets, career and travel).

For detailed information go to How will a criminal record affect me?